Recognizance is an obligation entered by a person before a court. Recognizer acknowledges or recognizes that he/she will do a specific act necessary by law. By doing so, a recognizer himself/herself obliged with a debt to the government. The obligation will be avoided if s/he satisfies certain conditions. Recognizance is common with regard to bail in criminal cases. Defendants are released on their own recognizance if bail bond is not set. In the U.S. it is termed as ROR meaning, "Release on Recognizance".
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Utah Agreement to Appear Pursuant to Release on Own Recognizance after having been Arrested for a Crime is a legal document that allows individuals who have been arrested to be released from custody without having to pay bail. In Utah, there are different types of Agreement to Appear (ATAPI) forms, and they may vary depending on the nature of the crime committed. Some common types of Utah ATAPI agreements include: 1. Misdemeanor ATAPI: This type of agreement is typically used for individuals who have been arrested for less serious offenses, such as petty theft, simple assault, or minor drug possession. The defendant may be released from custody on their own recognizance, with the condition that they appear in court for all scheduled hearings. 2. Felony ATAPI: In more serious cases, such as drug trafficking, burglary, or assault with a deadly weapon, a felony ATAPI agreement may be considered. The court will assess the level of risk associated with releasing the defendant on their own recognizance and may impose additional conditions, like electronic monitoring or check-ins with law enforcement. 3. Juvenile ATAPI: For minors who have been arrested, there is a separate ATAPI agreement designed specifically for juvenile offenders. It aims to provide an opportunity for rehabilitation and may involve parental involvement, community service, or counseling as part of the release conditions. Regardless of the specific type, a Utah ATAPI agreement typically outlines the terms and conditions that must be adhered to by the defendant. These conditions may include regular court appearances, refraining from any criminal activity, avoiding contact with victims or witnesses, drug/alcohol testing, and compliance with any court-ordered programs or counseling. The purpose of this agreement is to ensure that individuals accused of crimes are given the chance to be released from custody while their case is pending, without requiring them to pay bail that they may not afford. The court assesses each case individually to determine if the defendant is suitable for release on their own recognizance, considering factors such as the nature of the crime, prior criminal history, ties to the community, and the likelihood of appearing for future court proceedings. It's important to note that violating the terms of an ATAPI agreement can have serious consequences, such as revocation of release, issuance of a warrant for arrest, or additional criminal charges. Therefore, defendants are urged to carefully review and understand the agreement before signing it and to strictly comply with all its conditions.
